Beyond MA63, forging new frontier

I CAME with an expectant hope that there would be more measured and coordinated initiatives to advance a strategic agenda to strengthen the position of the Borneo states of Sarawak and Sabah within the context of Malaysia Agreement 1963 (MA63).

And I did so with a mind that was piqued by the political instability in Peninsular Malaysia, but with a spirit that was buoyed and lifted by the new economy narrative that is bringing Sarawak ahead of many other states where power dynamics still hold sway.

At the Borneo States Symposium in Kuching, organised by The Sarawak Initiatives and Sabah Action Body Advocating Rights a week ago, a general consensus emerged that acknowledged the wisdom and vision of Sarawak in braving the challenge of breaking new economic frontiers and standing up to the rights and powers under MA63 and the Constitution.

Sabah on same page with Sarawak

The large delegation from Sabah, comprising ministers, political leaders and social activists, made no secret of their openness in desiring to be on the same page with Sarawak, a move that would strengthen the power of commonality of the two Borneo territories and embolden their economic pursuit across some common horizons.

The unmistakable voices and gesture of optimism among participants at the symposium drew attention to common Borneo initiatives in the wake of MA63 to be set up and followed through and evaluated progressively, but it is time also to move beyond the shared experience of Sarawak’s success story in recent times.

Indeed, I came away with a sense of satisfaction and assurance that the two states were on the same page, with MA63 serving as an unquestionable definer of the legitimate framework and path that must be bravely taken to advance forward.

There was no disagreement on this, although there was some minor discrepancy initially in the panel discussion on the interpretation of the physical boundaries of territorial jurisdiction to include the continental shelf and subsoil.

However, it was quickly cleared with the correct interpretation in relation to the relevant provisions of the law and terms of MA63.

Dominion over territory

In this, Sarawak and Sabah have dominion over the seabed and subsoil of their submarine areas, which stretch beyond their territorial sea to the outer edge of the continental margin up to a maximum of 350 nautical miles. This dominion includes legal ownership, economic and property rights over their oil, gas and other minerals in their continental shelf.

With the legal dissonance over the territorial boundaries and rights in and surrounding the physical territory legitimately resolved, Sarawak and Sarawak are well-placed to step up to the plate with their eyes set on harnessing and developing the oil and gas resources found in abundance in the said jurisdiction.

As pointed out emphatically by Sarawak State Legal Advisor, Dato Sri JC Fong, the reason Sarawak began pursuing MA63 and the rights to the oil and gas resources was the Proclamation of Emergency 1969, which was finally repealed in 2011.

The repeal resulted in the Petroleum Mining Act 1966 and Continental Shelf Act 1966 being no longer applicable to Sabah and Sarawak, since these two laws were only applied in the Borneo states under the Emergency Proclamation.

Fair share of country’s revenue

In the wake of this, the Sarawak government is only seeking its fair share of the country’s revenue in view of the state’s vast contributions from its oil and gas resources to the nation’s coffers.

To be financially independent and less reliant on federal funding, especially in implementing infrastructure projects, is crucial to Sarawak. This should be part of the dream and vision of the people of the two Borneo states.

Since the rights and boundaries of the duly determined territory have been legally established, Sarawak and its people are in a strong position to take the lead in exploring the region’s abundant oil and gas resources and identifying new opportunities to strengthen the state’s economy.

The other relevant terms and provisions in the MA63 and Inter-Governmental Committee (IGC) Report must be pursued in earnest by Sarawak and, by extension, Sabah.

Legitimate claim

The wheel has been set in motion to move forward beyond MA63 whilst staying in firm grip of what should be accorded as constitutional rights under the 18 Points of the MA63 for Sarawak, and the 20 Points for Sabah. The ‘Pandora Box’ has been prised open for the relevant parties to stake their legitimate claim.

The onus is on the leaders of Sarawak and Sabah to stay the course and pursue the remaining entitled rights under MA63.

With months, if not years, of meetings and talks exacerbating the delay and upsetting the irate people in the two Borneo states, procrastination has proven to be the devil’s advocate.

The awakening triggered by a widespread consciousness on the reclamation of rights and power under MA63 has touched everyone in the society.

The voices of well-meaning non-governmental organisations (NGOs) in the two Borneo states must also be heeded and not be left to fend on the wayside.

They should be given the space and respect of credibility to contribute to the fresh trajectory of democratic voices.

Important role of NGOs

The experience of other countries in recent times involving major power shifts and restoration of democracy in replacement of demagoguery, attests to the crucial role and power of NGOs. They are not to be underestimated.

The Borneo States Symposium provided a conducive forum for Sarawak and Sabah to discover shared paths and assess the limitations of planned growth, which are often caused by intrinsic issues in federal-state power relations.

However, it did not take long for Sarawak to step out of the conundrum and move to establish its right and drive for a new frontier in development by using the Federal Constitution and MA63 as sources of authority for its strength and legitimacy.

Breaking new frontier

Sarawak has moved into education, infrastructure, renewable energy, hydrogen economy and digital technology to establish new grounds to expand the economy and connect with players and markets globally.

The wheel has been set in motion and Sarawak’s initiatives from planning to implementation operate according to rule of law, more particularly the rights and terms under MA63.

Fear has been defeated and the conventional order of top-down development administration has been set aside when and where necessary.

Sarawak is sending a strong message that it is capable of charting its road map for the new economy and equally capable of funding new frontier projects, and even assisting the federal government in funding the construction of dilapidated schools.

These and many more marked the new wave that was born from the bravery of heart and mind in claiming and gaining back the rights under MA63. And the Premier Datuk Patinggi Tan Sri Abang Johari Tun Openg is at the wheel to lead and navigate.

The new narrative, which defines the overarching philosophy that underscores the social and economic policy thrusts of Sarawak, is gaining wide acceptance across the country, with neighbouring Sabah, being on the same page with Sarawak from the start of the MA63 issue and sharing a common vision for the peoples of Borneo states, eager to step up to the plate and be proud partners of the Borneo dream with Sarawak.

* Toman Mamora is ‘Tokoh Media Sarawak 2022’, recipient of Shell Journalism Gold Award (1996) and AZAM Best Writer Gold Award (1998). He remains true to his decades-long passion for critical writing as he seeks to gain insight into some untold stories of societal value.